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May 9, 2025

May 2025 Employer Regulatory and Legislative Update

Table of Contents

This regulatory and legislative update covers issues involving cost of living adjustments for 2026, ERISA, wellness plans, and more.

HSA and EB-HRA Cost of Living Adjustments for 2026

The IRS has released Rev. Proc. 2025-19 with the cost of living (inflation) adjusted amounts for health savings accounts (HSAs) and excepted benefit health reimbursement arrangements (EB-HRAs) for plan years beginning in 2026.
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ERISA Pleading Standard Set

The Supreme Court, on April 17, 2025, handed down a decision in Cunningham, et al. v. Cornell, et al., defining the standard that a plaintiff needs to show in order to avoid the matter being dismissed before evidence is heard.
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Wellness Challenges Continue

Wellness plans have been and continue to be the subject of significant litigation.
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Preventive Services Still Alive, for Now

On April 21, 2025, the Supreme Court heard oral arguments in Kennedy, et al. v. Braidwood Management.
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Medicare 2026 Redesign Final Guidance Issued

On April 7, 2025, the Centers for Medicare and Medicaid Services (CMS) released guidance relating to the Medicare Part D creditable coverage determination for 2026.
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Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP)

Individuals who are eligible for employer-sponsored group health coverage but are unable to afford the premium may be eligible to receive premium assistance from a state’s Medicaid agency or Children’s Health Insurance Program (CHIP).
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Missouri Earned Sick Time in Effect for Now

Missouri’s earned sick time law took effect May 1, 2025.
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Cook County, Illinois Revises Paid Leave Rules

On April 10, 2025, the Cook County Board of Commissioners approved revisions to the regulations implementing the county’s paid leave ordinance.
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Washington Expands Use of Paid Sick Leave

Washington’s paid sick leave law allows an employee to accrue one hour of paid sick leave for every 40 hours worked to be used for one’s own illness, to care for a sick family member, if the workplace or place of care has been closed for health-related reasons, or for domestic violence.
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